2010/05/26 Council Agenda Packet

October 26, 2009 Page 3 to be revised The Southwest Everett Sub Area Plan and planned action ordinances would also have to be revised and amended. The PSRC (Puget Sound Regional Council) 2040 plan may have to be amended to accommodate the proposed change to the Comprehensive Plan and zoning. (DSEIS, page 2-12, emphasis supplied.) Such modification of these policies and plans has not been included in the Proposal that is the subject of the DSEIS. The Proposal includes only a "Comprehensive Plan map amendment with an associated rezone request." (DSEIS, page 1-1.) There has to date been absolutely no environmental review under SEPA or otherwise of such actions. If the City contemplates approving the Proposal, we respectfully insist that the City must first undertake and complete a full environmental review of the required modification of the industrial lands policies. 3. Compatibility_ with Existing Land. Uses. The DSEIS fails to adequately discuss mitigation measures that would protect surrounding industrial uses in continuing activities that could potentially be objectionable to residential, commercial, and small-scale industrial users. See WAC 197-11-444(2) (impacts to "built environment" to be considered). As I noted in the SETS Scoping Letter, this lack of compatibility with surrounding uses, and the Iack of compatibility of the uses within the Proposal are among the numerous land use impacts that should be considered and mitigated under SEPA. See, e.g., WAC 197-11-444(2)(b) ("Iand and shoreline use"). As also noted in our MDNS Letter and SEIS Scoping Letter, StockPot's production activities on occasion emit odors that are well within regulatory limits but that some residential and commercial users may find objectionable. The DSEIS fails to analyze these conflicting uses adequately. It summarily lumps together all such potential industrial/residential use conflicts in the analysis of"Loss of Industrial Land" and "Airport Noise may impact future residents" as being "Significant adverse impacts that cannot be mitigated". (Chapter 1 — Summary, pages 1-8, 1-9.) The DSEIS concludes: Issues to be resolved, including environmental choices to be made: Loss of industrial land, and impacts of existing industrial users on new nearby housing units and residents. Effectiveness of mitigation measures: The applicant has suggested that in regard to aircraft noise, or off-site industrial impacts, that aviation and other easements (such as those relating to odors) could be incorporated into property ownership records to be signed by future property owners. (Chapter I — Summary, page 1-9.) The DSEIS does not expressly analyze or acknowledge the potential noise and odor impacts from the StockPot Culinary Campus that may affect residential users. This is notwithstanding my identifying this issue in the MDNS Letter and the SEIS Scoping Letter. The applicant's representative, C.J. Ebert, himself acknowledged this issue in DWT 13498914x3 0009244-000016